Are Wrongful Death Claim and Personal Injury Claim the Same

Wrongful death claims and personal injury claim are two terms, which
are well known to the public regarding the accidents that take place in
different parts of the country. However, there can be a doubt lingering in the
minds of some people, if both of them are the same or different from each
other. The fact is that they are similar in several ways and at the same time,
there are several differences between the two.

For instance, in case of a drunken driver hitting his car on another
car and killing himself, a lawsuit can arise. At the same time, if the other
car occupant is injured in the accident, there is a scope for another lawsuit
there.

If in any case, you have suffered injuries in an accident, it will be
good that you consult and seek the help of an experienced accident attorney, so
that you can be sure of justice being served to you.

Similarities of Wrongful Death and
Personal Injury Lawsuits

The concept of negligence is the basis in both wrongful death and
personal injury lawsuits. The plaintiff will be required to prove certain
things in both of the lawsuits. Three main things need to be proved:

That the defendant was responsible to ensure the safety of others.

That the defendant failed in executing his responsibility

That the failure in performing his duty led to the harm (death or
injury)

The plaintiff will also have to prove that he/she had suffered damages
and hence is worthy to receive compensation.

Such lawsuits can arise from different types of accidents like motor
vehicle accidents, workplace accidents, injuries that happen due to defective
products, damages due to medical malpractice, etc.

The personal injury lawsuits and wrongful death lawsuits differ in the
matter of who is eligible to raise a lawsuit for the damages suffered.

In normal cases, a person who is injured or hurt in an accident can
make a personal injury lawsuit. However, if the person is a minor or is
incapacitated in a way that he cannot do it, his family members will be able to
make the claim. There are economic and non-economic damages associated with a
personal injury lawsuit.

One of the closest family members of the person who suffered the
wrongful death can file a wrongful death lawsuit. In such cases, the
recoverable damages differ depending on the state where the lawsuit is brought.
However, the compensation usually covers the funeral costs, the income of the
deceased, inheritance, etc.

Whether you have suffered injuries in an accident or have lost a loved
one, it will be in your best interest to meet an experienced attorney who can
help you and guide you in the lawsuit.